Under what conditions can an employer require an employee to work temporarily or permanently at another workplace? What are the possibilities of assistance in the context of mobility following a dismissal?
Employment contracts and geographical mobility clause
If the employee accepts, in advance, a modification of his workplace then one speaks of mobility clause. This must be provided for in the contract of employment or by the collective agreement on which the geographical area of the mobility application depends and must be defined.
It should be noted that the mobility clause may be rejected by the employee if it violates his right to a personal and family life. The magazine express it like the example of an abusive use of the clause where the employer had imposed a transfer to an employee while his wife was pregnant for seven months and that the position could be filled by other employees.
Where no geographical mobility clause is included in the employment contract, any change in the usual workplace resulting in a change of geographical area constitutes a modification of the employment contract which the employee is entitled to refuse.
However, the company may occasionally assign an employee outside the geographical area where he usually works, even in the absence of a mobility clause. But be careful, the judges subordinate this temporary change to the respect of several conditions that were recently specified by a decree of the Court of Social Cassation:
- the provisional allocation is motivated by the interest of the undertaking
- whether it is justified by exceptional circumstances
- and finally, that the employee has been informed, within a reasonable time, about the temporary nature of the assignment, as well as its foreseeable duration.
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